Equitable Estoppel

Nick Dowse
Equitable Estoppel – Structure of Answer
Textbook: 189, Q & A: 24, 32, Study Guide: 60
Structure of Answer
1. “In the event that the preceding avenues cannot be satisfied, X may
be able to obtain a remedy by raising an estoppel.”
2. Elements of estoppel
a. X would need to show a clear and unambiguous assumption or
expectation on his part that a certain legal state existed,
i. Will not be clear if important info omitted (ACC v Gray)
b. encouraged or induced by Y,
i. Silence may be sufficient (Waltons)
c. relied upon by him as Y knew or intended him to do,
i. reliance must be reasonable (Chellaram v China Ocean)
d. such that he will suffer detriment if the assumption or
expectation is not fulfilled, and
i. “detriment” been described as position of material
disadvantage (Thompson v Palmer)
e. that Y had failed to avoid that